Complicity in the common law system: General characteristics

نویسندگان

چکیده

Complicity in the common law system has been subject of different practices countries for many years. It is unlike practice majority continental criminal justice systems. However, court and principles established over time certain have had greater effects than some other using same system. English an example. with strongest influence. Its regarding complicity was a long ago 1861 Accessories Abbettors Act that main regulating this issue hundred Besides very well-established actus rea elements, mens condition perpetrator's purpose or knowledge act. During 1985, concept changed final judgment case "R v Jogee (Appellant) Ruddock The Queen (Respondent) (Jamaica)." point reform "joint enterprise" based on "foreseeability standard" made accomplice responsible even crime acts were outside "common plan purpose". After 30 years implementation, Privy Council Chang Wing-Siu reset doctrine again got it back to its traditional claiming unconstitutional. Due importance Great Britain applying system, them, including Australia Jordan, accepted as Britain. Both mentioned systems adopted concept, but they developed within their national laws demanding extra responsibility claims accomplice. Unlike US characterized by elements. Among ones are inconsistency terms at state federal level, well lack codification relating principles, itself. These issues problems interest scholars practitioners denominator remarks problem need comprehensive current regulations practices. Model Penal Code partially successful attempt such needs limited effects. Taking consideration all exist seems further reforms codifications best way out confusion where be stuck.

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ژورنال

عنوان ژورنال: Bezbednost

سال: 2021

ISSN: ['0409-2953']

DOI: https://doi.org/10.5937/bezbednost2102171p